Delarosa v. Director, TDCJ-CID

Filing 4

MEMORANDUM OPINION AND ORDER. This Petition for Writ of Habeas Corpus is TRANSFERRED to the Dallas Division of the United States District Court for the Northern District of Texas. Signed by Magistrate Judge Christine L. Stetson on 11/17/21. (ljw, )

Case 9:21-cv-00062-RC-CLS Document 4 Filed 11/17/21 Page 1 of 2 PageID #: 23

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
DANIEL DELAROSA

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VS.

§

DIRECTOR, TDCJ-CID

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CIVIL ACTION NO. 9:21-CV-62

MEMORANDUM OPINION AND ORDER
Petitioner Daniel Delarosa, an inmate confined at the Eastham Unit of the Texas Department
of Criminal Justice, Correctional Institutions Division, proceeding pro se, brings this Petition for
Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254.
The above-styled action was referred to the undersigned magistrate judge pursuant to 28
U.S.C. § 636 for findings of fact, conclusions of law, and recommendations for the disposition of
the case.
Discussion
Title 28 U.S.C. § 2254(a) allows a district court to “entertain an application for a writ of
habeas corpus in behalf of a person in custody pursuant to the judgment of a State court only on the
ground that he is in custody in violation of the Constitution or laws or treaties of the United States.”
28 U.S.C. § 2254(a). A state prisoner is required to file his federal petition for writ of habeas corpus
in either the district where the prisoner is incarcerated or the district where the prisoner was
convicted and sentenced. 28 U.S.C. § 2241(d). Although both district courts have jurisdiction to
entertain the application, “[t]he district court for the district wherein such an application is filed in
the exercise of its discretion and in furtherance of justice may transfer the application to the other
district court for hearing and determination.” Id.

Case 9:21-cv-00062-RC-CLS Document 4 Filed 11/17/21 Page 2 of 2 PageID #: 24

Petitioner filed this Petition in the Lufkin Division of the Eastern District of Texas. This
court has jurisdiction because Petitioner is incarcerated in this district. However, Petitioner was
.
convicted and sentenced in Navarro County, which is located in the Northern District of Texas. The
court has considered the circumstances and has determined that the interests of justice would be
served by transferring this Petition to the district where Petitioner was convicted and sentenced.
Therefore, the Petition should be transferred to the Dallas Division of the Northern District of Texas
for hearing and determination. It is accordingly
ORDERED that this Petition for Writ of Habeas Corpus is TRANSFERRED to the Dallas
Division of the United States District Court for the Northern District of Texas.
SIGNED this the 17th day of November, 2021.

___________________________________
Christine L Stetson
UNITED STATES MAGISTRATE JUDGE

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